R4-M4 Legal Duties And Responsibilities Flashcards

1
Q

4 elements for negligence agst CPA

A
  1. Owed a duty of care to plaintiff
  2. Defendant breached duty to act with due care
  3. Breach caused injuries
  4. And damages
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2
Q

5 elements of common law fraud

A
  1. Misrepresentation of material fact
  2. Intent to deceive
  3. Reliance by plaintiff on misrepresentation
  4. Scienter or intent to induce plaintiff
  5. Damages
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3
Q

Ultramares rule

A

Limits accountants liability to
1. Parties in privity
2. Intended 3rd party beneficiaries (NOT foreseen parties)

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